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TITLE OF BILL: An act to amend the state law, in relation to making English the official language of New York state

PURPOSE OR GENERAL IDEA OF BILL: Makes English the official language of New York State.

SUMMARY OF SPECIFIC PROVISIONS: State Law is amended by adding Article 9, Official State Language, which designates English as the official state language to better serve the diverse ethnic, cultural and linguistic backgrounds of New York State citizens.

JUSTIFICATION: This legislation would encourage of rudimentary command of the English language to help our citizens. Absent a rudimentary command of the English language, citizens of this state axe unable to make their voices heard in the legislative process, effectively exercise their right to vote, or fully understand the rights afforded them by the united State and New York Constitutions. Such citizens also have a more difficult time finding gainful employment, affordable housing, health insurance and otherwise availing themselves of the full benefits of American life for themselves and their families. English is already the official language of 30 states, including New Hampshire and California.

PRIOR LEGISLATIVE HISTORY: S.6746 of 2009/2010 S.469 of 2011/2012

FISCAL IMPLICATIONS: None known at this time.

EFFECTIVE DATE: This act shall take effect immediately.

Text

STATE OF NEW YORK
________________________________________________________________________
1902
2013-2014 Regular Sessions
IN SENATE
(PREFILED)
January 9, 2013
___________

Introduced by Sen. NOZZOLIO -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the state law, in relation to making English the offi-
cial language of New York state
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The state law is amended by adding a new article 9 to read
as follows:
ARTICLE 9
OFFICIAL STATE LANGUAGE
SECTION 130. LEGISLATIVE FINDINGS AND INTENT.
131. SHORT TITLE.
132. OFFICIAL STATE LANGUAGE.
S 130. LEGISLATIVE FINDINGS AND INTENT. THE LEGISLATURE HEREBY FINDS
THAT, THE STATE IS COMPRISED OF INDIVIDUALS FROM MANY ETHNIC, CULTURAL,
AND LINGUISTIC BACKGROUNDS, AND CONTINUES TO BENEFIT FROM THIS RICH
DIVERSITY. THROUGHOUT THE HISTORY OF NEW YORK AND THE UNITED STATES, THE
COMMON THREAD BINDING INDIVIDUALS OF DIFFERING BACKGROUNDS HAS BEEN THE
ENGLISH LANGUAGE. COMMAND OF THE ENGLISH LANGUAGE IS NECESSARY TO
PARTICIPATE IN AND TAKE FULL ADVANTAGE OF THE OPPORTUNITIES AFFORDED BY
AMERICAN LIFE. ABSENT A RUDIMENTARY COMMAND OF THE ENGLISH LANGUAGE,
CITIZENS OF THIS STATE ARE NOT ABLE TO MAKE THEIR VOICES HEARD IN THE
LEGISLATIVE PROCESS, EFFECTIVELY EXERCISE THEIR RIGHT TO VOTE, OR FULLY
UNDERSTAND THE RIGHTS AFFORDED THEM BY THE UNITED STATES AND NEW YORK
CONSTITUTIONS. SUCH CITIZENS ALSO HAVE A MORE DIFFICULT TIME FINDING
GAINFUL EMPLOYMENT, AFFORDABLE HOUSING, HEALTH INSURANCE, AND OTHERWISE
AVAILING THEMSELVES OF THE FULL BENEFITS OF AMERICAN LIFE FOR THEMSELVES
AND THEIR FAMILIES.

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01290-01-3

S. 1902 2

S 131. SHORT TITLE. THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE
"NEW YORK STATE ENGLISH LANGUAGE EMPOWERMENT ACT".
S 132. OFFICIAL STATE LANGUAGE. ENGLISH SHALL BE THE OFFICIAL LANGUAGE
OF THE GOVERNMENT OF THE STATE OF NEW YORK. 1. THE STATE OF NEW YORK
SHALL CONDUCT ALL OFFICIAL BUSINESS OF THIS STATE IN ENGLISH. ALL OFFI-
CIAL DOCUMENTS, REGULATIONS, ORDERS, AND PUBLICATIONS SHALL BE PRINTED
IN ENGLISH AND ALL OFFICIAL PROGRAMS, MEETINGS, TRANSACTIONS, AND
ACTIONS CONDUCTED BY OR ON BEHALF OF THIS STATE AND ALL ITS POLITICAL
SUBDIVISIONS SHALL BE IN ENGLISH.
2. A. OTHER LANGUAGES MAY BE USED BY GOVERNMENT OFFICIALS, AND IN
OFFICIAL DOCUMENTS, WHENEVER NECESSARY TO:
(I) PROTECT THE HEALTH, SAFETY, OR LIBERTY OF ANY CITIZEN;
(II) TEACH OR STUDY OTHER LANGUAGES;
(III) PROTECT THE RIGHTS OF CRIMINAL DEFENDANTS OR THE VICTIMS OF
CRIME;
(IV) PROMOTE TRADE, TOURISM, OR COMMERCE;
(V) FACILITATE ACTIVITIES PERTAINING TO THE COMPILATION OF ANY CENSUS;
(VI) COMPLY WITH THE FEDERAL INDIVIDUALS WITH DISABILITIES EDUCATION
ACT;
(VII) USE PROPER NAMES, TERMS OF ART, OR PHRASES FROM LANGUAGE OTHER
THAN ENGLISH; OR
(VIII) COMPLY WITH THE CONSTITUTION AND LAWS OF THE UNITED STATES OF
AMERICA, OR THE STATE CONSTITUTION.
B. EXCEPT IN EXIGENT CIRCUMSTANCES, WHEN AN OFFICIAL GOVERNMENT DOCU-
MENT IS TRANSLATED INTO ANY LANGUAGE OTHER THAN ENGLISH UNDER THIS
SECTION, AN ENGLISH TRANSLATION WILL ALSO BE PROVIDED IN THE SAME DOCU-
MENT, APPEARING IN SUCH A MANNER AS TO AFFORD THE READER THE OPPORTUNITY
TO OBSERVE THE ENGLISH TRANSLATION OF ALL PHRASES USED.
3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO:
A. DIMINISH THE USAGE OF, PREVENT THE STUDY OR DEVELOPMENT OF, OR
DISCOURAGE THE USE OF, ANY NATIVE AMERICAN LANGUAGE IN ANY CONTEXT OR
FOR ANY PURPOSE;
B. PROHIBIT ANY ELECTED OFFICIAL FROM SPEAKING TO ANY PERSON IN A
LANGUAGE OTHER THAN ENGLISH WHILE CAMPAIGNING OR PROVIDING CONSTITUENT
SERVICES, ALTHOUGH SUCH OFFICIALS ARE ENCOURAGED TO USE ENGLISH AS MUCH
AS POSSIBLE TO PROMOTE FLUENCY IN ENGLISH;
C. DISPARAGE ANY LANGUAGE OR DISCOURAGE ANY PERSON FROM LEARNING OR
USING ANY LANGUAGE;
D. PROHIBIT INFORMAL AND NONBINDING TRANSLATIONS OR COMMUNICATIONS
AMONG OR BETWEEN REPRESENTATIVES OF GOVERNMENT AND OTHER PERSONS IF THIS
ACTIVITY DOES NOT AFFECT OR IMPAIR SUPERVISION, MANAGEMENT, CONDUCT OR
EXECUTION OF OFFICIAL ACTIONS AND IF THE REPRESENTATIVES OF GOVERNMENT
MAKE CLEAR THAT THESE TRANSLATIONS OR COMMUNICATIONS ARE UNOFFICIAL AND
ARE NOT BINDING ON THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE;
OR
E. PROHIBIT INDIVIDUALS FROM UTILIZING TRANSLATION METHODS OF THEIR
OWN PROVISION TO COMMUNICATE WITH AN OFFICIAL GOVERNMENT AGENT OR ENTI-
TY.
4. AS USED IN THIS SECTION, "OFFICIAL" MEANS ANY GOVERNMENT ACTION OR
DOCUMENT THAT BINDS THE GOVERNMENT, IS REQUIRED BY LAW, OR IS AUTHORIZED
BY LAW.
S 2. This act shall take effect immediately.

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